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Grandmother gave property through will want to probate it
12-Feb-2023 (In Property Law)
My grand mother wrote will a property in my name. I have applied for probate. It will take minimum 1 year to get probate order. Before the order how i can rent out this property. Shall registered will is enough to prove that I am the owner of the property.
Regarding WILL , it is optional to register it or not, even an unregistered WiLL is Valid before any courts of law. Probate is not compulsory. There are so many decisions with respect to the circumstances of Probate of WILL...
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Adv. Manoj Raghuram
Madurai | 100+ Answers
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No problem, you can rent it out. The evidence act says that the tenant cannot question the title of the landlord. So, you have all the right to rent it out.. . . . . . . . . . . . . . .|||||||||||||||
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Normally the will has to be probated and by virtue of the will you can claim the property as your own and you can do whatever you want . But sometimes the person who is going to be your tenant decides not to vacate then he can challenge your right saying that the will was not probated.
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Adv. G. Asok
Chennai | 200+ Answers
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It depends upon the tenant and there is no impediment in law to let out the said property for a rent. Only if there is a counter claim in respect of the rent naturally the tenant is unable to pay the rent in such situation. In your case you are already having a registered Will in your favour. The probate will not be done within 1 month and hence don't fall for it. Having said that with or without probate you can let out your property and receive rent. You need not disclose all these facts to your tenant and he has no business to seek those information.
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